Code: Section 7
(1) Any person may, before the expiration of thirty days from the date on which any such notice has been published under sub-section (2) of section 6, object to the marriage on the ground that it would contravene one or more of the conditions specified in section 4.
(2) After the expiration of thirty days from the date on which notice of an intended marriage has been published under sub-section (2) of section 6, the marriage may be solemnized, unless it has been previously objected to under sub-section (1).
(3) The nature of the objection shall be recorded in writing by the Marriage Officer in the Marriage Notice Book, be read over and explained if necessary, to the person making the objection and shall be signed by him or on his behalf.
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Explanation of Section 7 of the Special Marriage Act, 1954
Section 7 allows the public to raise objections to a proposed marriage. This process ensures that the marriage complies with all legal conditions listed in Section 4 of the Act.
Key Points:
Right to Object
Any person can file an objection within 30 days after the marriage notice is published. The objection must relate to one or more legal conditions under Section 4. These include issues like an existing spouse, mental incapacity, age restrictions, or prohibited relationships.
Marriage Delayed if Objected
If no objection is raised within 30 days, the marriage may be solemnized. However, if someone files a valid objection, the marriage process is paused until the matter is resolved.
Recording the Objection
The Marriage Officer must record the objection in writing. This entry is made in the Marriage Notice Book. The Officer must also explain the objection to the person filing it and ask them to sign the entry.
This step-by-step process ensures legal compliance while protecting the rights of all involved parties.
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Illustration
Example 1:
Priya and Arjun submit a notice of marriage. A person objects, claiming Arjun already has a spouse. The Marriage Officer records the objection in the Marriage Notice Book, explains it to the objector, and has them sign it. The marriage cannot proceed until the objection is resolved.
Example 2:
Reema and Sanjay issue a marriage notice. No one objects during the 30-day period. After the deadline passes, the Marriage Officer may legally solemnize the marriage.
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Common Questions and Answers on Section 7 SMA
- Who can file an objection to a marriage?
Anyone can object, including relatives or concerned citizens, as long as the objection is based on legal grounds under Section 4. - What are valid grounds for objection?
Valid reasons include either party having a living spouse, being underage, being mentally unfit, or being related within prohibited degrees. - How long is the objection window?
You must file the objection within 30 days of the marriage notice being published. - What happens when someone objects?
The Marriage Officer pauses the process. The objection is recorded, explained, and signed. The marriage cannot proceed until the matter is settled. - Can false objections delay marriages?
Only objections based on valid legal reasons are considered. The Marriage Officer will evaluate the merit of the objection in the next steps, covered under Section 8.
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Conclusion
Section 7 offers an important safeguard in the Special Marriage Act. It gives the public a voice to prevent marriages that may violate legal conditions. By following a formal objection process, the law ensures transparency and protects all parties involved.
To explore what happens after an objection is filed, read our breakdown of Section 8. For more legal insights or resources, visit ApniLaw today.
